Kickstart Coaching will not tolerate discrimination in the workplace. The policy applies equally in all dealings with employees, students and members of the public.
Definitions:
Discrimination Occurs when a person or group of people are treated less favourably because of a particular attribute than another person or group of people would be treated in the same or similar circumstance. It also occurs when a requirement or condition is imposed which seems fair yet unfairly disadvantages an individual or group of people.
Harassment is any form of uninvited or unwelcome behaviour which, intimidates, offends or humiliates another person or group of people and is based on a characteristic or circumstance such as those listed below.
Vilification it is unlawful by a public act to incite hatred, serious contempt or sever ridicule of a person or group of people because of that person’s race, colour, homosexuality or transexuality.
Grounds for unlawful discrimination/harassment are as follows:
Discrimination and Job Suitability
Anti-Discrimination legislation does not mean that someone should be promoted, trained etc, if they do not have the skills and abilities to do a job.
If a person cannot fulfill the inherent requirements of a position for any reason, and the requirements are reasonable or could not reasonably be alerted, it is not discrimination to deny the person the job. However, discrimination must have no bearing whatsoever on such a decision.
Liability to Statutory Authorities:
Kickstart Coaching are responsible before the Human Rights and Equal Opportunity Commission and the relevant State and Territory authorities for the actions of its employees, whether or not those actions occurred with Kickstart Coaching’s knowledge or approval. In addition, employees can be legally liable for their own actions.
The legislation relates to discrimination whether it is deliberately unfair treatment on the part of Kickstart Coaching or not. Anti-Discrimination and Equal Employment legislation prohibits discrimination in the areas of employment, provision of goods and services, superannuation, education, accommodation, clubs and associations.
Kickstart Coaching is subject to Commonwealth, State and Territory legislation. Where there is no inconsistency between Commonwealth, State and Territory legislation takes precedence. Commonwealth Acts relating to discrimination are administered by the Human Rights and Equal Opportunity Commission, while State and Territory Acts are administered by the relevant State and Territory anti-discrimination and equal opportunity authority.